A disabled employee and the permissible working time
A disabled employee employed under an employment contract has special rights. The basic privilege of a disabled person with a significant or moderate degree of disability is working time shorter than that of other employees. As a rule, a disabled employee may not work at night and overtime.
Reduced working time of a disabled employee
The working time of a disabled person, regardless of the degree of disability, may not exceed 8 hours a day and 40 hours a week. In the case of a disabled employee with a significant or moderate degree of disability - it may not exceed 7 hours a day and 35 hours a week.
A shorter working time of a disabled employee does not result in a reduction in the salary. Even if a disabled person is paid an hourly wage, the shortening of the working time must not result in a reduction in the salary.
A severely or moderately disabled employee who wants to work more than 7 hours a day and 35 hours a week must obtain a certificate from the doctor who carries out preventive examinations or from the doctor who supervises him / her, a certificate allowing for higher work.
Prohibition of working overtime and at night by a disabled employee
A disabled employee may not be employed at night or overtime. The degree of disability of the employee does not matter here.
The prohibition of night work and overtime applies to a disabled employee from the day following the submission of a disability certificate to the employer.
The prohibition of employing a disabled employee at night and overtime does not apply in the case of:
a disabled employee employed to guard property,
when, at the request of a disabled employee, consent is obtained from the doctor who carries out preventive examinations of the employees or, failing that, from the doctor who takes care of the disabled person.
If a disabled employee does not agree to work overtime or at night and does not submit a request on his own, the employer cannot allow the disabled person to work overtime or at night.
For overtime or night work performed, a disabled employee receives an allowance for overtime work and an allowance for night work, in accordance with the provisions of the labor law.
A disabled employee and additional rights
A disabled employee, irrespective of the daily working time, is entitled to an additional 15-minute break at work, intended for physical exercise or rest.
A disabled person with a significant or moderate degree of disability is entitled to additional annual leave of 10 working days per year. A disabled employee acquires the right to the first additional leave after working for one year following the date of assigning him / her to one of the above-mentioned degrees of disability.
A person with a severe or moderate degree of disability also has the right to be released from work for 21 working days in order to participate in a rehabilitation camp, but not more often than once a year.
The total length of additional holiday leave and time off work in order to participate in a rehabilitation stay may not exceed 21 working days in a calendar year. In connection with the above, if a disabled employee takes additional leave in a given year, the employer, when determining the length of the leave for a stay granted in the same calendar year, takes into account the amount of previously used additional leave. Importantly, the right to release from work is completely independent of the right to holiday, including additional leave. The employer may not demand that the disabled employee go to a rehabilitation camp during the holiday leave.